Codul Civil al RM in engleza - Drept Civil

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BOOK ONE: GENERAL PROVISIONS TITLE I: GENERAL PROVISIONS CHAPTER I: CIVIL LEGISLATION Article 1. Basic Principles of Civil Legislation (1) The basic principles of civil legislation are: recognition of equality among the parties to relationships regulated by it, inviolability of ownership, freedom of contract, prohibition to interfere with private affairs, free exercise of civil rights, guaranteed remedy of violated rights and judicial protection of the same. (2) Natural and legal persons are free determine under contract their rights and obligation, and to stipulate any contractual terms, insofar as they do not run counter the law. (3) Civil rights may be limited only by virtue of an organic law and only under grounds provided by the Constitution of the Republic of Moldova. Article 2. Relationships Regulated by Civil Legislation (1) Civil legislation determines the legal status of participants to the civil circuit, the grounds of arising of the right of ownership and the manner of its exercise, contractual and other kinds of obligations, and other patrimonial and extra-patrimonial relationships related to the former. (2) Family, housing, and labor relations as well as relations arising from the use of natural resources and environment protection, which meet the criteria specified in para.(1), are regulated by this Code and other laws. (3) Relationships concerning exercise and protection of fundamental human rights and freedoms, and other extra-patrimonial values are regulated by this Code and other laws. (4) Natural persons and legal persons, whether engaged or not in entrepreneurial activity, are subjects of civil relationships. Article 3. Civil Legislation (1) Civil legislation includes this Code, other laws, Government ordinances and other subordinated regulatory acts, which regulate the relationships specified in Article 2 of this Code and all must comply with the Constitution of the Republic of Moldova. (2) Subordinated regulatory acts regulate civil relationships insofar as they are issued under law and do not run counter it. Article 4. Usage (1) Usage is a rule of conduct, which, although not provided by the legislation, is generally recognized and applied over a long period of time in a certain field of civil relationships. (2) Usage applies only where it does not come into conflict with the law, public order and good morals. Article 5. Analogy of Statute and Analogy of Law (1) Where relationships provided for in Article 2 are not directly regulated by law or by parties’ mutual agreement, and no usage is applicable, the civil law provision regulating similar relationships shall apply to such relationships (analogy of statute), insofar as this does not contradict the substance of the same. (2) If it is impossible to apply analogy of statute, rights and duties of the parties shall be determined on the basis of general principles and directions of civil law (analogy of law). (3) A provision that either limits civil rights or impos